NY State Senate Bill 2023-S3158

Current Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to children and families
Jan 30, 2023	referred to children and families

co-Sponsors

2023-S3158 (ACTIVE) - Details

See Assembly Version of this Bill:: A1581
Current Committee:: Senate Children And Families
Law Section:: Social Services Law
Laws Affected:: Amd §413, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5711, A6662
2021-2022: S1399, A888

2023-S3158 (ACTIVE) - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

2023-S3158 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3158

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the social services law, in relation to establishing the
"child abuse reporting expansion act"

 
PURPOSE:

This bill adds clergy members to the list of mandated reporters of
suspected child abuse and maltreatment.

 
SUMMARY OF SPECIFIC PROVISIONS:

  Section  1  states  that  this  act shall be known as the "child abuse
reporting expansion (CARE) act".

  Section 2 amends section 413 of the social services law to add  clergy
members as mandated reporters of suspected child abuse and maltreatment.

  Section  3  amends  section  413 of the social services law to clarify

matters relating to certain privileges.

  Section 4 provides the effective date.

 
JUSTIFICATION:

New York's recently enacted Child Victims Act allows  child  victims  of
sexual  abuse, who were previously time-barred by the statute of limita-
tions, the opportunity to file lawsuits concerning their abuse up to age
55. While this is an important step in ensuring prior victims  of  child
sexual  abuse  are  made  whole, it is also imperative that we close the
loopholes in our law that permitted such abuse to exist  undetected  for
decades. One way to do that is to ensure that clergy members be added to
the  list of mandatory reporters of child abuse and maltreatment. Clergy
members are not included in the  otherwise  extensive  list  of  profes-
sionals required to report suspected cases of child abuse.

 
LEGISLATIVE HISTORY:

S.1399 of 2021-2022 (Hoylman): Died in Rules

A.0888 of 2021-2022 (Wallace): Died in Children and Families

S.5711-B of 2019-2020 (Hoylman): Died in Judiciary

A.6662-B of 2019-2020 (Wallace): Passed Assembly

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S3158 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3158
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the social services law, in relation to establishing the
   "child abuse reporting expansion act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "child
 abuse reporting expansion act".
   § 2. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where  the  parent,  guardian,  custodian [or], other
 person legally responsible for such child comes  before  them  in  their
 professional  or  official  capacity  and states from personal knowledge
 facts, conditions or circumstances which, if correct, would  render  the
 child an abused or maltreated child: any physician; registered physician
 assistant;  surgeon;  medical examiner; coroner; dentist; dental hygien-
 ist; osteopath; optometrist; chiropractor; podiatrist; resident; intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 licensed behavior analyst; certified behavior analyst assistant;  hospi-
 tal  personnel  engaged in the admission, examination, care or treatment
 of persons; a Christian Science practitioner;  CLERGY  MEMBER  OR  OTHER
 MINISTER  OF  ANY  RELIGION;  school official, which includes but is not
 limited to school teacher, school guidance  counselor,  school  psychol-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01223-01-3

 S. 3158                             2
 
 ogist, school social worker, school nurse, school administrator or other
 school  personnel  required to hold a teaching or administrative license
 or certificate; full or part-time compensated school  employee  required
 to  hold  a  temporary coaching license or professional coaching certif-
 icate; social services worker; employee of a  publicly-funded  emergency
 shelter  for  families with children; director of a children's overnight
 camp, summer day camp or traveling summer day camp, as  such  camps  are
 defined in section thirteen hundred ninety-two of the public health law;
 day care center worker; school-age child care worker; provider of family
 or  group  family  day care; employee or volunteer in a residential care
 facility for children that is licensed, certified  or  operated  by  the
 office  of  children  and  family  services;  or any other child care or
 foster care worker; mental health professional; substance abuse  counse-
 lor;  alcoholism  counselor;  all  persons credentialed by the office of
 alcoholism and substance abuse services; employees, who are expected  to
 have  regular and substantial contact with children, of a health home or
 health home care management agency contracting with  a  health  home  as
 designated  by  the  department  of  health and authorized under section
 three hundred sixty-five-l of this chapter or such employees who provide
 home and community based services under a demonstration program pursuant
 to section eleven hundred fifteen of the federal social security act who
 are expected to have regular  and  substantial  contact  with  children;
 peace  officer;  police officer; district attorney or assistant district
 attorney; investigator employed in the office of a district attorney; or
 other law enforcement official.
   § 3. Subdivision 1 of section  413  of  the  social  services  law  is
 amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
 as follows:
   (E)  UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A
 MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY  ACCRED-
 ITED  CHRISTIAN  SCIENCE  PRACTITIONER,  SHALL NOT BE REQUIRED TO MAKE A
 REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
 CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
 SIONAL CHARACTER AS SPIRITUAL ADVISOR.
   (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
 RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
 PARAGRAPH (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
 PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
 NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
 OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
 ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   (G) THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL  NOT  BE
 DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
 GY" SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH
 IN  SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE
 ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI-
 GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
 INSTITUTION.
   (I)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
 TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
 TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
 GATION, SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO  ARE  ACCUSTOMED  TO
 STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT
 S. 3158                             3
 
 HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF
 THE RELIGIOUS CORPORATIONS LAW.
   § 4. This act shall take effect immediately.

Comments

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Christopher_Diep

1 year ago

What’s the point of this bill if there’s a loophole for not reporting?

ceccatx

10 months ago

The bill being proposed currently closes the loophole for clergy. There is a petition on Change.org started by CFCtoo Coalition that needs signatures and support. Google the name to learn more about the case that led to their formation and the work they are doing to amend the NY's mandatory reporting laws. Known pedophiles have been allowed to evade prosecution in several states because members of the clergy who have knowledge of their illegal activities have not been required to report it to the police. This is shameful and will only stop when politicians have citizen urging them to defy the lobbying from the religious organizations that do not want this loophole closed.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S3158

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2023-S3158 (ACTIVE) - Details

2023-S3158 (ACTIVE) - Summary

2023-S3158 (ACTIVE) - Sponsor Memo

2023-S3158 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3158

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Cordell Cleare

Mark Walczyk

2023-S3158 (ACTIVE) - Details

2023-S3158 (ACTIVE) - Summary

2023-S3158 (ACTIVE) - Sponsor Memo

2023-S3158 (ACTIVE) - Bill Text download pdf

Comments